2009-05-06_ENFORCEMENT - M1983176

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May 5, 2009 Mr. David Bird Senior Geochemist G, a Division of Reclamation, Mining and Safety Colorado Dept. of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 cellotV HAY 06 zaog Division or Mining and ? abon, RE: Potential Violation at the Speer Mining Resource Site, M-1983-176: Failure to File a Technical Revision for Importation of Fill Dear Mr. Bird: I am writing this letter today in response to the field inspection made on March 25, 2009 in which it was noted by you that Asphalt Specialties Co., Inc. (ASCI) had imported clean fill dirt and some inert fill (as defined by DRMS regulations) into the Speer Mining Resource site and were using it as backfill into the previously mined sand and gravel pit. You cite an Article from the Colorado Mined Land Reclamation Act and a Rule from the DRMS regulations to back up your assertion that fill has been improperly imported into the site in violation of the Article and Rule. ASCI does not refute the fact that this type of fill has been brought into the Speer Mining Resource site and used for backfill in portions of the mined-out pit. ASCI offers the following explanations to this activity: 1. The Speer property was purchased by ASCI in 1999 from George Speer who had acquired both a DRMS permit and an Adams County Conditional Use Permit to mine the site in 1983. Minimal mining was done by Mr. Speer in the mid- 1980's and he subsequently put the property up for sale. 2. When ASCI acquired the property, there was no future buyer of the property for a water-storage reservoir. ASCI began mining the property in 2001. ASCI does not sell aggregate on the outside market and only mines and produces sand and gravel products for its own use. We do not operate large properties or produce large yearly amounts. 3. In about 2003, ASCI began examining the area for marketability of the site to be developed for water-storage reservoir uses. Over the years, several water operators/purchasers have looked at the site (Denver Water, Aurora, Brighton, Thornton and most recently, Centennial Water and Sanitation District), but for one reason or another so far, the site would not/will not work for them as a water- storage reservoir. 4. In January 2008, it appeared that ASCI had exhausted all its possibilities for the future use of the site for water storage and began to use the remaining overburden from the site as backfill. The east central portion of the site had